USCIS Memorandum May 22 2026: Adjustment Of Status Discretion Rules Change for EB-3

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) released formal policy guidance addressing how adjudicators should exercise discretion when reviewing adjustment of status (I-485) applications. The guidance, issued as an agency memorandum, outlines the factors officers must weigh when determining whether to approve or deny a green card application filed from within the United States. The policy clarifies that USCIS officers retain broad discretionary authority to deny adjustment of status even when an applicant is technically eligible. This means that meeting the basic requirements for a green card—such as having an approved I-140 petition and a current priority date—does not guarantee approval if officers determine that a favorable exercise of discretion is not warranted based on the totality of circumstances. For EB-3 applicants, this guidance is particularly significant. Individuals who fall out of favor under the new discretionary framework may be directed to pursue consular processing at a U.S. embassy or consulate in their home country rather than completing their green card process inside the United States. This effectively forces some applicants to leave the country and apply abroad. Immigration attorneys are advising EB-3 applicants currently in the I-485 pipeline to review their case history and consult with legal counsel to assess any potential discretionary concerns—such as prior immigration violations, certain criminal records, or public charge factors—that could affect their application under the updated guidance. Applicants who believe they may be adversely impacted should proactively gather supporting documentation demonstrating positive equities in their case. Those already scheduled for USCIS interviews should be prepared to address discretionary factors directly, as officers may now apply stricter scrutiny in line with the May 22, 2026 memorandum.